This www.togethergreen.org web site ("our site" or "this site") is owned and operated by the National Audubon Society, Inc. ("Audubon"). Please read these terms and conditions carefully before using our site.
By using this site, you are accepting these Terms & Conditions of Use ("Terms & Conditions"). If you do not agree to these Terms & Conditions, please do not use our site. Audubon reserves the right to modify or amend these Terms & Conditions from time to time without notice. Your continued use our site after we post changes to these Terms & Conditions is an acceptance of those changes.
Audubon maintains this site for your personal information, education, and communication. Except for User Submissions (see below) and select news items in the Environmental News Service news feed, all materials on our site, including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks (collectively, "Materials"), are either the sole property of Audubon or are used by Audubon pursuant to a license. The ownership rights to all such Materials on this site are protected by U. S. and international laws.
It is Audubon 's policy to allow limited reproduction and distribution of the Materials posted on our site as follows: You may copy, reproduce and distribute content from this site provided that: (1) the particular article or section is reproduced in its entirety and in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark and other proprietary notices; (2) all copies include a statement that the Material was reproduced from togethergreen.org with permission of Audubon; (3) all copies include the following notice "© Copyright 2009 National Audubon Society, Inc." ; (4) the copies are distributed only for the non-commercial educational or public policy purposes of promoting conservation of the natural environment; and (5) the copies are distributed at no charge.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Materials on our site, without prior written authorization from Audubon. To request such permission, send an email to firstname.lastname@example.org.
American Birds, Audubon, Audubon Adventures, Audubon Advisory, Audubon Nature Odysseys, Audubon Nature Store, Audubon of Florida, Audubon Society, Birdathon, Birdsource (jointly owned with Cornell University), Christmas Bird Count, Ebird (jointly owned with Cornell University), Florida Audubon, Great Backyard Bird Count (jointly owned with Cornell University), National Audubon Society, National Audubon Society and Design, Project Puffin, and Vermont Audubon and associated logos are registered trademarks of National Audubon Society, Inc. All rights reserved.
Audubon Advisory, Audubon At Home, Feederwatch (jointly owned with Cornell University), Together Green, Act Today, Shape Tomorrow, Pennies for the Planet and Windows on the Wild and associated logos are trademarks of National Audubon Society, Inc. All rights reserved.
You may not reproduce any Audubon logo separately from the textual content associated with the mark on the site. Unauthorized use of any Audubon trademark or service mark may be a violation of federal and state law.
You may submit information, text, photographs, graphics, videos, illustrations or other material (collectively, "User Submissions") to this site.
Audubon does not approve or endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Audubon expressly disclaims any and all liability in connection with User Submissions.
Users should be aware that your User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people.
You agree that your User Submissions will comply with our Cooperative Guidelines below.
By submitting User Submissions to Audubon, you hereby grant to Audubon a perpetual, non-exclusive, royalty-free license to use, reproduce, publish, display, distribute, perform, translate, create derivative works there from, in whole or in part, in any and all markets and media, whether now known or hereafter developed, throughout the universe, and to sublicense such rights.
Furthermore, you represent and warrant the following: (a) You are at least 18 years of age; (b) all of the information provided by you to Audubon is true and correct; (c) all User Submissions are conservation-related and no User Submissions contain material that is obscene, libelous or otherwise illegal; (d) you have the sole and exclusive right to grant such rights to Audubon, or have obtained appropriate, written releases from any and all recognizable persons depicted in the User Submissions, and from any and all persons who provided art work or any other material to the User Submissions; (e) you are the parent or legal guardian of any person who is younger than 18 years of age and who is depicted in the User Submissions; (f) Audubon's copying, publishing, displaying and/or other use of the User Submissions will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or publicity rights anywhere in the world; (g) you waive any claim of attribution, integrity, or any other moral right in the User Submissions as used by Audubon; (h) you agree to allow Audubon to use your name and biographical information in Audubon-related publicity or advertising without compensation; and (i) you understand and agree that Audubon shall have no obligation to use the User Submissions, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the User Submissions by third parties.
Audubon may refuse or remove any User Submission that, in its sole judgment, violates these Terms & Conditions. Audubon has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Submission you submit to this site.
Audubon cannot publish all User Submissions submitted. The choice of what User Submissions are selected is at Audubon’s sole discretion. Audubon reserves the right to alter User Submissions as appropriate.
You agree to defend, indemnify and hold harmless Audubon, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to this site; (b) your violation of any term of these Terms & Conditions; (c) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; (d) your violation of any obligations, representation or warranties hereunder; or (e) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of this site.
We welcome and respect your opinions, even if we don't agree with them. We ask that you welcome and respect our opinions and those of other visitors to this site. Communicate with common courtesy and collegial respect; disagree without being disagreeable. We also welcome your creativity, but don't be vulgar. The DON'T'S below are intended to keep this site a safe, informative, and constructive community for all those who visit it. Please understand and comply with them in this spirit.
You agree not to submit, upload or post any User Submission to this site which (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone's copyrights or trademarks; (c) falsifies or deletes author attributions, legal notices or other proprietary designations; (d) violates any law or regulation; (e) advocates illegal activity; (f) contains viruses, corrupted files, or other materials that may cause damage to another's computer, (g) advertises or otherwise solicits funds or sales of goods or services, (h) is false, deceptive, or misleading; or (i) impersonates any person or entity including, but not limited to, an Audubon or Toyota employee or leader, or falsely states or otherwise misrepresents your affiliation with a person or entity.
To file a notice claiming that your copyrighted work has been infringed, you must send Audubon written communication either by email or regular mail. Please note that you may be liable for damages (including costs and attorneys' fees) if you misrepresent that any content infringes your right in copyright.
To file a complaint, please provide us with the following information:
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the togethergreen.org website, with enough detail that we may find it on the website;
Your name, address, telephone number, and email address;
Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by me, the copyright owner, or the owner’s agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
The electronic signature of the person authorized to act on behalf of the copyright owner of the work that is allegedly infringed.
Send the written communication either to email@example.com or to the following address:
You may need to create an account to access some features or areas of this site. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user without express approval. You must notify Audubon immediately if you suspect any unauthorized use of your account. Although Audubon will not be liable for any unauthorized use of your account, you may be liable for the losses of Audubon or others due to such unauthorized use.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed by Audubon.
Links to Other Web Sites
Audubon has not reviewed all of the sites linked to this site and is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to this site, whether or not they are affiliated with Audubon. Such linked sites are for your convenience only and you access them at your own risk. Audubon makes no representations or warranties as to the accuracy or functioning of any such link. That another web site is linked to our site does not constitute endorsement by Audubon of the owner of the other site, the content of its site, or its products or services.
Warranty Disclaimer and Limitation of Liability
ALL CONTENT ON THIS SITE IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. AUDUBON DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. AUDUBON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
IN NO EVENT SHALL AUDUBON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AUDUBON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT AUDUBON SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE AUDUBON, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
THE FOREGOING WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THIS SITE.
The materials on togethergreen.org are presented solely for promotional purposes in the United States. This site is operated under the supervision of Audubon from its offices within the state of New York. Audubon does not warrant or represent that materials on our site are appropriate or available for use in other locations. If you choose to access our site from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from our site in violation of United States export controls.
These Terms & Conditions shall be governed by and construed according to the laws of the state of New York, as they are applied to agreements entered into and to be performed entirely within New York, and you hereby consent to the sole and exclusive jurisdiction and venue of the state and federal courts located in New York county.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by Audubon.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by Audubon without restriction.
Audubon has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user's account for violations of these Terms & Conditions. In addition, Audubon reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions